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Part II Orders and Families of International Adjudicative Bodies, Ch.14 Investment Arbitration

Christoph Schreuer

From: The Oxford Handbook of International Adjudication

Edited By: Cesare P R Romano, Karen Alter, Yuval Shany

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 October 2020

UNCITRAL Arbitration Rules — Applicable law — Compensation — Costs and expenses — Definition of investment — Consent to jurisdiction — International courts and tribunals, procedure
Arbitration is the preferred method for the settlement of investment disputes between states and foreign investors. In its absence, investors would have to turn to domestic courts to seek a remedy against adverse action by the host state. From the investor’s perspective, the host state’s courts are not an attractive solution for several reasons. In many countries an independent judiciary cannot be taken for granted. Executive interventions in court proceedings or a sense of judicial loyalty to the forum state are likely to influence the outcome of proceedings....
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